Text message from qdrs solicitor stage

Coupon-mad

How are people finding the Chan case hard to locate when it's in the Template Defence as an optional link?

Strebor

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

5 December, arrived today.

No, as only just arrived, it says
If you disagree with claim either send the completed acknowledgement of service form or a defence form within 14 days. 
If you send the acknowledgement of service you must send a defence to arrive no later than 28 days from the date of service.

There is notice about if against it will be past to credit ref agencies and difficult to get credit......I thought I'd read that it wouldn't if you pay the fine within a certain time. ....can you clear that up please.

Do I want to contest the courts juristriction to one local to me?

Do people here do the acknowledgement of service in order to extend the time to prepare defence and string it out longer?

Do people counter claim for stress caused by multiple letter threatening court, bad debt, etc

Thanks for advice this far

Coupon-mad

Do I want to contest the courts juristriction to one local to me?

Do people here do the acknowledgement of service in order to extend the time to prepare defence and string it out longer?

Do people counter claim for stress caused by multiple letter threatening court, bad debt, etc.

No, yes, no.

All your questions are answered already in the 2nd post of the NEWBIES thread.

KeithP

Strebor said:

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

5 December, arrived today.

No, as only just arrived, it says
If you disagree with claim either send the completed acknowledgement of service form or a defence form within 14 days. 
If you send the acknowledgement of service you must send a defence to arrive no later than 28 days from the date of service.

There is notice about if against it will be past to credit ref agencies and difficult to get credit......I thought I'd read that it wouldn't if you pay the fine within a certain time. ....can you clear that up please.

Do I want to contest the courts juristriction to one local to me?

Do people here do the acknowledgement of service in order to extend the time to prepare defence and string it out longer?

Do people counter claim for stress caused by multiple letter threatening court, bad debt, etc

Thanks for advice this far

You do not want to contest jurisdiction.
You will get the opportunity to get the case transferred to a court near you later in the process.

Only if a case is decided against you and you them fail to pay will any credit reference agencies be involved. The plan is not to lose.  

Forget any idea about counterclaiming - too difficult for most people.

With a Claim Issue Date of 5th December, you have until Thursday 28th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th January 2024 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Strebor

Does the defence also state there is no Welsh language provision on signs? Is that past judgement relevant or did the parking people wiggle around it or get the ruling changed?

Coupon-mad

Strebor said:

Does the defence also state there is no Welsh language provision on signs? Is that past judgement relevant or did the parking people wiggle around it or get the ruling changed?

No the ruling stands but isn't a precedent and is only relevant to a Welsh speaker of course.

Strebor

Submitted defence in early hours, got "auto response do not reply - CCBC AQ Acknowledgement" 3 minutes later.

It's reply firstly apologises for the long delays, then the next section please accept as receipt of your email. Where response required aiming for 10 days to reply. Please do not resubmit.

Is this reply meaning it is submitted (sorry missed the weekday office hours point.) and this is fast enough for acknowledgement?

Thanks for help so far.

Coupon-mad

Yes:  I posted about this the other day:

https://forums.moneysavingexpert.com/discussion/comment/80511824/#Comment_80511824

And please answer some/all questions in this vital Inquiry before it closes, while this 'scam' litigation is on your mind:

This Justice Committee Inquiry closes next week:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please also state that private parking firms and their bulk litigators are the main cause of delays as far as small claims are concerned.  

Over a quarter of all small claims nowadays are private parking.  That is national disgrace.

The MoJ must now be informed to urgently separate parking cases with a new pre-action protocol (requiring use of ADR instead of inflated debt demands and bulk litigators who want court). It should be a last resort but it isn't.

Tell the Committee about your claim and show the Claim Form and the lack of evidence from the Claimant, who made no real attempt to narrow the issues and resolve the dispute out of court.  This treatment of motorists should be illegal.

The 'debt claims pre-action protocol' is not fit for purpose for these cases.

Please strongly OBJECT to the intrusive 'Debt Reply Forms' you were sent, and ask the Committee to insist on a proper ADR and 'private parking protocol' to resolve disputes and expose the worst scam PCNs out of court.

Please add your voice; just answer the questions in your own words but making the points above.

You might want to also say that court claim forms are in legalese and unsuited to average consumer defendants who have not made an active choice to face litigation, but are treated as cash-cow victims by the out of control parking industry.  Enabled by the courts.

"This inquiry is currently accepting evidence

The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence.

You have until Wednesday 17 January 2024  to make a submission to the committee."

Strebor

I definitely will be submitting my views, don't worry.

Strebor

Received a ukpc letter.

Claimant's reply to defence.
Claimant's directions quentionaire (form n180)

They say the signs are at heights of similar other road signs and legible from any standard motor vehicle. .......they are not and can not be read...... How does this play , it's an opinion?
They try and doubt my sight to drive.......if the signs were number plate size text there wouldn't be an issue !!!
They don't get you can't read the smaller text when parked.
I'm sorry but expecting to walk 180m to then shop and not having the sign on that shop is clearly not signing it properly and with their continued ignorance of this and not rectifying it is to me an indication that they want to catch people out.

There's a lone on bold at the end, wherefore prays for judgement against defendant for the claim and costs.

Solicitor is at UK parking control.


There's a letter stating they ceased.inflrcent action from qdr.

The claim form has ticked mediation
That they think it appropriate
Determination without hearing
 They want hearing at high Wycombe !!!! I thought the advice here is that it would be near me?!?!
They say zero witnesses at a hearing ? Eh?
They say no dates they cannot make.

Advice please.

On the form it says if a designated money claim court usually at claimants preferred  address or the defendant's home address as appropriate......so which is it?. Info see CPR parts 3, 12, 13, 14 and 26.

Cheers

Ps. they also add that i used standard template to defence and meant it all had to be answered as a criticism of my defence that I was trying to slow the process down, etc......and that I am invited to amend it.

They also state that I appealed to POPLA and that the appeal was unsuccessful ........I didn't appeal to POPLA, I wrote a complaint to deny the charge.......they wrote back and said it was an appeal and was unsuccessful.